GSB# 2025-02197
UNION# 2025-0999-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Union)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Justin Nathens Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Karen Martin Treasury Board Secretariat Employee Relations Branch Employee Relations Advisor
HEARING
February 5, 2026
Decision
1Since the spring of 2000 the parties have been meeting regularly to address matters of mutual interest which have arisen as the result of the Ministry of the Solicitor General as well as the Ministry of Children, Community and Social Services restructuring initiatives around the Province. Through the MERC (Ministry Employee Relations Committee) a subcommittee was established to deal with issues arising from the transition process. The parties have negotiated a series of MERC agreements setting out the process for how organizational changes will unfold for Correctional and Youth Services staff and for non-Correctional and non-Youth Services staff.
2The parties agreed that this Board would remain seized of all issues that arise through this process and it is this agreement that provides me the jurisdiction to resolve the outstanding matters.
3Over the years as some institutions and/or youth centres decommissioned or reduced in size others were built or expanded. The parties have made efforts to identify vacancies and positions and the procedures for the filling of those positions as they become available.
4The parties have also negotiated a number of agreements that provide for the "roll-over" of fixed term staff to regular (classified) employee status.
5Hundreds of grievances have been filed as the result of the many changes that have taken place at provincial institutions. The transition subcommittee has, with the assistance of this Board, mediated numerous disputes. Others have come before this Board for disposition.
6It was determined by this Board at the outset that the process for these disputes would be somewhat more expedient. To that end, grievances are presented by way of statements of fact and succinct submissions. On occasion, clarification has been sought from Grievors and institutional managers at the request of the Board. This process has served the parties well. The decisions are without prejudice but attempt to provide guidance for future disputes.
7In this case the Union grieved that the Employer violated the Collective Agreement Article 2 (Management Rights), Article 3 (No Discrimination), Appendix COR16 (Rollover Of Fixed-Term PO & PPO) Memorandum of Agreement with respect to Probation Office Recruitment Process (PORP) dated June 2019; and any other relevant articles and any legislation that may apply by; specifically the Employer activated PORP on May 13, 2025, for a Probation Officer vacancy in the Kenora Probation Office and then violated article Appendix COR16, and the PORP MOA dated June 2019.
8In terms of remedy, the Union has sought a declaration of a violation of the Collective Agreement, and the PORP MOA dated June 2019, direction that the Employer follow the agreed terms of PORP, an order that the Employer offer a lateral transfer as per the lateral transfer log dated 13 May 2025 and any other remedy that seems just.
9In and around November 2025, a Probation Officer (PO) vacancy at the Kenora Youth Justice Probation Office was finally filled through a roll-over.
10At the time of the initial vacancy, the PORP stats in the North were 7 roll-overs, 5 laterals and 15 competitions. The Union takes the position that the May 13, 2025 vacancy should have been filled through a lateral transfer and not a roll-over within the scope of the June 2019 PORP MOA.
11Having reviewed the terms of the PORP MOA, it is clear that in balancing how vacancies are filled, in this instance the vacancy should have been filled through a lateral transfer, of which there were two (2) on the list at the time. Only if everyone on the lateral transfer list declined the vacancy, then could the Employer turn to the roll-over list.
12The decision to fill the vacancy by a roll-over was a violation of PORP and the Collective Agreement. The Employer is directed to ensure that management complies with the PORP MOA and offer a position in the Kenora Probation Office as per the lateral transfer log dated 13 May 2025. Further, in the future the Employer must adhere to the mechanisms in PORP for the filling of vacancies.
13As a result, the Union's grievance is upheld.
Dated at Toronto, Ontario this 29th day of May 2026.